My rule: blogs should be short and to the point, no more than four paragraphs. I have chastised attorneys in my firm who have created blogs that turned into epistles. Well, here is their chance to criticize me, because there...more

Late last week, the Texas Supreme Court clarified duties of employers for premises defects and declared that they have multiple duties to invitees/employees who come onto their property facing known dangerous...more

Not all workplace injuries involve falls and collisions. Some of the damage done on the job is more gradual and subtle. Many jobs in Illinois involve hazardous levels of exposure to chemicals and other harmful substances. ...more

In a highly anticipated decision, the Texas Supreme Court emphasized its commitment to the exclusive jurisdiction of the Texas Division of Workers’ Compensation Act (Act) to deal with and respond to claims arising out of the...more

In the immediate aftermath of a workplace injury, workers may be shocked and traumatized, worrying about their physical health and the possible future of their families. Employees in Illinois have the right to medical care...more

The choice of law provisions contained in legislation governing injuries to workers in force across the nation are complex and often difficult to apply. While their purpose is to enable a determination to be made on the...more

In Wright v. State of California (No. A139034, filed 1/30/2015) the First District Court of Appeal held a state correctional officer, who lived on state owned property adjacent to his place of employment, was not precluded,...more

According to the U.S. Bureau of Labor Statistics, more than 8,000 American employees are injured on the job every day. Some of these injuries are relatively minor, requiring only a short recovery period....more

In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and...more

Craig Schultz was a drafter for a civilian company that had several buildings located on a large U.S. Air Force base. He drove his personal vehicle onto the base, and was permitted to travel around the base and use military...more

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

This post provides a general overview for handling death cases under the North Carolina Workers’ Compensation Act. Death cases and the resulting claims can be extremely fact specific so it is always best to discuss specific...more

As of late 2014, the United States faced no Ebola pandemic whatsoever. The odds of catching Ebola in an American workplace remained statistically zero. Only a handful of Ebola cases had made their way to the United States,...more

A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists.
An employee of a Hardee's...more

Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more

Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of...more

3rd Party Cases -
In New York, to use one example, you have the right to file a lawsuit against a third party if that party might be responsible for your injuries. These cases can result in verdicts that reach into the...more

In many states, workers’ compensation benefits are ordinarily the exclusive remedy for an employee injured or killed on the job. In exchange for these benefits, often awarded on a “no fault” basis, the employee generally...more

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

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